Earlier this year Assemblywoman Mary Beth Walsh (R,C-Ballston) and Senator Jake Ashby (R,C-Castleton) collaborated to introduce critical legislation (A.3946/S.3591), designed to protect children from inappropriate content online by requiring pornography websites to verify users’ age and block access to New Yorkers under 18.

To date, bi-partisan legislators in 24 other states have enacted similar verification laws.

A 2023 verification law from Texas (HB1181) faced legal challenges that culminated in a Supreme Court case testing the scope of state authority to protect minors from explicit materials considered harmful, while balancing adult access to constitutionally protected expression.

On Friday, June 27, 2025, the Supreme Court issued a 6-3 ruling affirming the lower court’s decision and supporting the State of Texas. The Court stated:

“The statute regulates only speech that is obscene to minors. That speech is unprotected to the extent the State seeks only to verify age. And the statute can easily be justified without reference to the [protected]content of the regulated speech,’ because its apparent purpose is simply to prevent minors, who have no First Amendment right to access speech that is obscene to them, from doing so.”

This ruling marks the first time in history the highest court has upheld restrictions on such material to shield those under 18 from accessing explicit content. It establishes a legal precedent enabling states like New York to implement age verification laws with confidence, prioritizing the safety of children online.

“In today’s increasingly digital world, it is essential to enact legislation that shields our children from harmful content. This ruling clarifies the legal landscape and empowers states to enforce protective measures for minors without infringing on adults’ rights. It is a significant advancement for online safety nationwide. I am proud to sponsor an age verification bill in the Assembly and I remain hopeful it will advance to the Governor’s desk. New York should join the growing number of states that have taken this vital step,” said Assemblywoman Walsh.

"The Supreme Court has affirmed what every reasonable person already knows: states can and should take action to protect our kids online. This is about promoting mental health and promoting healthy relationships. We had heard from colleagues on the other side of the aisle that they wanted to see how the court ruled before they took action. They now have one less excuse to block this bill," said Ashby.

Several states with similar laws have paused enforcement pending the Supreme Court’s decision.

“With this decision in place, states across the country can move forward with comparable legislation, and we can work towards strengthening our online safety measures together,” Walsh concluded.